What Stays and What Goes in a Real Estate Transaction

Buying or selling a home feels straightforward—until the refrigerator is gone, the light fixtures have been swapped, the pool equipment isn’t what you expected, or the seller leaves a garage full of “extras” you never agreed to keep. This guide explains what typically stays, what typically goes, and the gray areas that cause the most closing-day disputes, including appliances, window treatments, tech, mailboxes, outbuildings, pool equipment, propane tanks, business items, and farms. It also shows exactly what to put in writing so your final walkthrough is a confirmation—not a negotiation.

The Golden Rule: Fixtures vs. Personal Property

A good starting point:

• Fixtures usually stay: items intended to remain with the home/land (attached, wired, plumbed, cemented, built-in).

• Personal property usually goes: items you can remove without “undoing” the home.

But here’s what actually keeps deals clean:

✅ The purchase agreement and written addenda control the deal. Even if something sounds like a fixture, the safest move is to list it.

Sellers often complete a property disclosure and may mention inclusions/exclusions, but disclosures inform—contracts enforce.

Quick “Usually Stays” List

Unless your contract says otherwise, these are commonly treated as part of the property:

• Light fixtures including the bulbs

• Ceiling fans

• Built-in appliances (often: dishwasher, built-in oven, cooktop, built-in microwave)

• Built-in shelving, cabinetry, attached mirrors

• Plumbing fixtures (sinks, toilets, faucets)

• Landscaping (plants/trees in the ground)

• Permanent outbuildings (anchored sheds, barns, workshops)

Quick “Usually Goes” List

Typically, personal property unless included in writing:

• Furniture, rugs, décor, wall art

• Patio furniture and grills

• Tools and shop equipment

• Farm equipment (tractors, implements, attachments)

• Animals/livestock

  
  

The Gray Areas That Create the Most Closing-Day Disputes

Appliances

Common pattern (varies by contract and installation):

• Dishwasher usually stays

• Range/oven often stays

• Refrigerator often goes unless included

• Washer/dryer often go unless included

Best practice: List every appliance individually (kitchen fridge, garage fridge, washer, dryer, wine cooler, etc.). “Appliances” is too vague.

Curtains, curtain rods, blinds, and window treatments

One of the biggest misunderstandings in real estate.

• Blinds often stay

• Rods/hardware often stay

• Curtains/drapes often go unless included

• Custom drapery systems can go either way

Best practice: If a buyer wants them, include them in writing. If a seller plans to take them, exclude them in writing.

Mounted TVs, brackets, and smart home devices

These are increasingly common disputes in homes.

• TV itself: personal property (goes unless included)

• Wall mount/bracket: often treated like it stays, but buyers/sellers disagree

• Smart devices: Ring/Nest cameras, smart locks, hubs—often forgotten

Best practice: Create a “Tech & Security” line item section:

• “TV mounts convey / do not convey”

• “Doorbell camera conveys / excluded”

• “Smart lock conveys; codes reset at closing”

• “Garage keypad codes provided / reset instructions provided”

  
  

Mailboxes

Mailboxes can be treated as a fixture or personal property depending on installation and contract wording.

• Standard mailbox: commonly assumed to stay

• Custom decorative mailbox/post: sellers sometimes try to take it

Best practice: If it’s custom or sentimental, exclude it in writing and replace it with a standard mailbox before closing.

Keys, remotes, access devices, and codes

These should transfer at closing:

• House keys, mailbox/community keys (if applicable)

• Garage openers, gate remotes

• Alarm codes or reset instructions

Gazebos, pergolas, playsets, trampolines, hot tubs

These can go either way depending on permanence:

• Bolted down / hardwired / plumbed → usually treated like it stays

• Freestanding / weighted / “can be hauled away” → usually personal property

Outbuildings-sheds, barns, workshops

Permanent/anchored structures usually convey; portable buildings can be a gray area.

Best practice: Describe structures specifically: size, location, and type. Example: “12x20 lofted barn behind main house conveys.”

Animals and “farm extras”

Animals are personal property. If the buyer wants them, it must be written.

Pool Equipment: What Stays vs. What Often Leaves

Anything that’s part of pool operation and installed/attached is typically expected to convey:

• Pump(s), filter, heater/heat pump

• Salt system / chlorinator

• Timers/controllers

• Valves/plumbing/permanent piping

• Installed lights

• In-ground cleaning systems

• Installed safety items (some covers, anchored rails)

Rule of thumb: If removing it makes the pool nonfunctional or requires tools/electrical/plumbing work, treat it like it stays—and still put it in writing.

Pool items that might go unless included

• Robotic pool cleaner

• Poles, nets, brushes, vac hoses

• Floats/toys, portable hoop/net

• Chemicals/test kits (often removed for safety)

• Solar cover + reel (commonly left, but don’t assume)

Businesses on the Property (Airbnb, farm stand, workshop, home-based business)

A real estate contract usually transfers land + improvements—not a business.

Usually NOT included unless written

• Business name, website, phone number, social accounts

• Customer lists, bookings, goodwill

• Inventory/supplies

• Equipment (POS systems, coolers/freezers, tools, tractors)

If the buyer wants the business too

That’s typically a separate business transaction (often an asset purchase agreement). It’s a different category of risk (taxes, liability, contracts).

“It Looks Built-In” but It’s Financed or Leased

Some “installed” items can be tied to financing or leases (generators, solar, security systems, propane tanks water treatment equipment, some commercial/farm installations).

Propane Tanks: often leased, not owned

Propane is one of the biggest “I thought it came with the house” issues.

• Many tanks are owned by the propane supplier unless purchased outright.

• Tennessee law also restricts what a propane dealer may do with a container that belongs to another dealer, which is one reason ownership/permission matters in practice.

What we recommend every time

1. Ask: Is the item owned or leased?

2. If leased: confirm the supplier and how service transfers (new account, inspection, contract terms).

3. Put it in writing whether the item stays or not and including the name of the company the item is leased through.

Practical takeaway: Identify financed/leased equipment early so it can be paid off, transferred properly, or excluded in writing. Never assume the leased item conveys just because it’s on the property.

Tenant-Occupied Properties: A Few Extra Things to Put in Writing

Tenant-occupied homes can close smoothly, but you have one extra variable: the lease and the tenant’s rights can affect what stays, what goes, and what the buyer can verify before closing.

Key points to document early:

• Confirm what the lease says about appliances and included items. In some rentals, the refrigerator, washer, dryer, window coverings, or smart devices may be tenant-owned or tenant-provided.

• Tenant personal property always goes. That includes anything the tenant brought in, plus anything the lease allows the tenant to remove at move-out.

• Tenant-installed items can create surprises. Shelving, TV mounts, security devices, and certain improvements may be removable depending on the lease. If an item matters to the buyer, put it in writing.

• If the buyer is keeping the tenant, treat it like a handoff. Get the lease, confirm rent amount and term, document security deposit transfer, confirm rent prorations, and specify which keys, remotes, and codes transfer.  

• If the property will be delivered vacant, write down the vacancy date and condition standard. Also confirm who removes any remaining personal property or trash.

What If the Seller Leaves Personal Property or Trash Behind?

This is more common than people think: paint cans, furniture, scrap wood, trash bags, or a full garage of “donations.”

Best solutions

• Seller removes items before closing

• Credit to buyer

• Escrow/holdback

• Written post-closing removal agreement

Walkthrough rule

The final walkthrough is your leverage point. If something’s wrong, that’s when you address removal, credits, or written deadlines—before documents are signed.

The Mighty Oaks Method: How to Make This Crystal Clear

When we represent buyers and sellers, we reduce surprises by doing three simple things consistently:

1. A one-page “Stays/Goes” list 

2. No vague wording (“shed,” “pool stuff,” “appliances” → replaced with specific descriptions)

3. Early confirmation so walkthrough day is confirmation—not negotiation

FAQs

Do sellers have to leave appliances?

Not automatically. Some are commonly included, others aren’t—the contract controls. List each appliance clearly.

Are curtains supposed to stay?

Blinds/rods often stay; curtains often go unless included. If it matters, write it down.

Does pool equipment stay with the home?

Installed operational equipment usually stays. Portable items like robot cleaner, tools, floats, chemicals often don’t unless included.

Do propane tanks convey with the property?

Often no—many are leased from a propane supplier unless purchased outright. Confirm ownership and document it.

If the property is owned by an LLC, does that change the sale?

Mostly it changes documentation: the LLC must show the signer has authority to convey.

What if “built-in” equipment is financed?

It may be tied to financing and need payoff, transfer, or exclusion in writing.

Want the “No-Surprises Closing” Checklist?

At Mighty Oaks Realty, we help buyers and sellers in Chattanooga, TN, Ringgold, GA, and surrounding areas avoid preventable closing problems by being detail-obsessed and communication-driven. If you want fewer misunderstandings, fewer last-minute renegotiations, and a smoother closing—this is what we do.

Email: daniel@mightyoaksrealty.com

Call/Text: 423-708-2589

YouTube: Mighty Oaks Realty – YouTube

Facebook Group: https://www.facebook.com/groups/movingtochattanoogatn

Legal references

(For reader education only; not legal advice.) 

• Georgia fixtures statute: O.C.G.A. § 44-1-6 (what is considered a fixture).

• Tennessee fixture test (intent + attachment + injury to freehold): Harry J. Whelchel Co. v. King, 610 S.W.2d 710 (Tenn. 1980) (quoting Tennessee fixture principles).

• Tennessee UCC fixture priority: Tenn. Code Ann. § 47-9-334.

• Georgia UCC fixture priority: O.C.G.A. § 11-9-334.

• Georgia propane tank ownership guidance (consumer resource): Georgia Consumer Ed (propane tank often owned by supplier unless purchased).

• Tennessee LP-gas container restrictions (dealer-owned containers): Tenn. Code Ann. § 68-135-108.

• Tennessee LLC real property authority: Tenn. Code Ann. § 48-249-402(e).

• Georgia LLC limitation on authority to convey real property: O.C.G.A. § 14-11-302.

Disclaimer (Not Legal Advice):

This article is general information and not legal advice. Your purchase agreement and state-specific contract forms control. If you have questions about your rights, responsibilities, or specific contract language—or if there’s any uncertainty about what stays or goes—consult a licensed Tennessee or Georgia real estate attorney before moving forward.